Aging comes with risks. When an elderly person falls, they can suffer serious injuries and long-term disabilities, and increase the chance of death. Once a senior adult falls and hurts themselves, they are more likely to fall again because the injury has weakened their ability to walk or stand correctly.
There are many contributing factors to why a nursing home patient may fall. Still, it is the facility’s responsibility to provide the proper care and supervision to help prevent these events from happening. If your loved one is suffering from injuries because they fell in a Miami nursing home or died due to these injuries, your family may be eligible for compensation.
Call Pintas & Mullins Law Firm at (800) 842-6336 to learn more about how one of our Miami falls lawyers can help you. We will look over your case at no cost, and since we work on a contingency-fee-basis, you will not pay until we have settled your case.
Why Falls in a Nursing Home May Classify as Neglect
According to the Centers for Disease Control and Prevention (CDC), one out of five falls in nursing homes cause broken bones, head injuries, or other serious injuries.
Typically, there is a combination of risk factors that cause a resident to fall:
- Previous injury
- Poor balance
- Muscle weakness
- Lower bone density
- Poor vision
While these risk factors are common among residents, nursing homes have standards to follow to avoid injuries. Residents have the right to receive health care that is adequate and appropriate, per Florida Statutes §400.022. However, neglect and abuse occur too often in long-term facilities. One factor that can increase the risk of abuse or neglect in nursing homes is understaffing. If there are not enough nurses to help the residents, the elderly may pay the price.
Protecting Your Loved Ones in Nursing Homes
When you suspect a loved one is hurt, make sure to contact a Florida Ombudsman. This is especially important when you are trying to build your case. They are trained liaisons that investigate and help correct issues in nursing home claims. They are advocates just like our Miami falls lawyers and can help you gather the evidence you need to help prove the nursing home facility liable. They are also able to file claims and requests on your behalf.
For a free legal consultation with a Falls Lawyer serving Miami, call (800) 842-6336
Getting the Help of a Miami Falls Lawyer
It takes a lot of investigating and gathering to prove a facility liable for negligence. Finding out if the fall is due to intentional or unintentional neglect will play into the case’s outcome. A Miami falls lawyer knows what it takes to establish a strong case and negotiate strongly for your cause. We are here to help advise and make sure you are taken care of by the law.
These circumstances become even more complicated when there is a death involved. Moreover, although there are time limits on filing your lawsuit, these cases can take months, even years, to finish, especially when you try to independently navigate the law.
Contact Pintas & Mullins Law Firm today for a free consultation. Do not stress the legalities and the unknowns as you try to maneuver through the pain and suffering this neglect has caused your family. We are here to help, and we are ready to advocate for your rights.
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Understanding a Miami Falls Case Against a Nursing Home
Foremost, you must make sure you are filing your lawsuit on time. Florida Statutes §400.0236 states that you have two years from the accident or discovery of injury to file a lawsuit. There might be room for extension if there was any concealment or fraudulent claims by the facility. There may be other exceptions to this statute which are best to discuss with an attorney.
When you go to file your claim, make sure that you have proof of negligence as well. Make sure the accident was due to the negligence of the facility or caregiver and that it was the cause of the injury or death.
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Damages You May Receive
Economic and non-economic losses are the most common awards in personal injury and wrongful death claims.
Economic damages include coverage of medical expenses, prescription costs, funeral costs, and other monetary costs acquired due to the negligence.
Non-economic damages include emotional stress, pain, and suffering, loss of companionship, etc. These are non-monetary losses that are a direct effect of the injury or loss of life.
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Contact a Miami Falls Lawyer Team Today
When you hire a Miami falls lawyer, know that we are advocates for justice, and we want to extend the favor to you. Enlisting an attorney in these situations is also a responsible way to ensure that you are using the law to your family member’s benefit.
Contact Pintas & Mullins Law Firm now (800) 842-6336 and let us help you get the compensation your loved one deserves. We offer free consultations and dedicate ourselves to helping the injured. We want to make sure they do not continue to suffer. We also work on a contingency-fee-basis, so you will not pay until we have settled your case.
Call or text (800) 842-6336 or complete a Free Case Evaluation form